Site Terms and Conditions
Governing Use and Access to WilsonDailyPrep.com
Acceptance of Terms
WilsonDailyPrep™ is an online service of Wilsonprep Inc. (the “Company”), offering comprehensive SAT and ACT practice, information, tips and strategies (“Services”). Your use of these Services is subject to these Site Terms and Conditions (“Terms and Conditions”). By accessing wilsondailyprep.com (the “Site”) and/or using the Services, you agree that you have read and understand these Terms and Conditions, and that your use of the Services complies with these Terms and Conditions.
The Company reserves the right, from time to time, with or without notice to you, to change these Terms and Conditions in its sole and absolute discretion. The most current version of these Terms and Conditions can be reviewed by clicking on the “Terms and Conditions” link located at the bottom of the home page of the Site. The most current version of the Terms and Conditions will supersede all previous versions. Your use of the Site or continued use of the Services after changes are made means that you agree to be bound by such changes. The Company reserves the right to refuse access to the Site or the Services to any person or entity for any or no reason whatsoever.
User Account, Password, and Security
You agree that all information you provide to the Company, in connection with your registration or otherwise, is true, accurate, and complete. To obtain some specific Services, you will be required to designate a user ID and password. You are responsible for maintaining the confidentiality of the ID and password, and are fully responsible for all activities that occur under your ID or password. You agree to immediately notify the Company of any unauthorized use of your ID or password or any other breach of security. You also agree to exit from your account at the end of each session. The Company accepts no responsibility for your account activity or misuse.
Limitations on Use
You must be 13 years of age or older to access the Web Site and use the Services. While individuals 13 to 18 year of age may utilize the Services, they may do so only with the involvement of a parent or legal guardian. Unless otherwise specified, the content on the Site is for your personal and non-commercial use and the Company grants you a limited license to access the Site for that purpose. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the Site without the Company’s express written consent. The Company does not promote, foster or condone the copying of copyrighted material or any other infringing activity. Any unauthorized use of the Site or the Services will terminate the limited license granted to you by the Company.
The Company recognizes the importance of protecting your privacy. Any registration, personal, or other information you share with the Company is securely managed and safeguarded. The Company requires personal information and payment information for the sole purpose of conducting a transaction between the Company and those seeking products and Services. No information shall be released to third parties or others not directly associated with the Company.
By accessing the Site, using the Services, and/or otherwise accepting this Agreement, you agree to use the Site and the Services as a means of improving your SAT and ACT performance, and for no other reason or purpose. You will not in any way interfere with the ability of others to access or use the Services or disrupt the normal flow of communication or otherwise act in a manner that negatively affects other users’ ability to use the Site or the Services. All emails will be archived, and communication between you and the Company is expected to be mutually respectful. Any user engaging in activities pertaining to subject matter other than SAT and ACT preparation and/or the WilsonDailyPrep™ program is subject to termination of his or her rights to use the Site and the Services and forfeiture of the WilsonDailyPrep™ guarantee.
All content included on the Site and delivered to subscribers as part of the Services, including text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of the Company or its suppliers and is protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of the Company, and protected by U.S. and international copyright laws. Content shall not be reproduced or used without express written permission from the Company or its suppliers.
Wilson, wilsondailyprep and the Wilson key logo (the “Wilsonprep Trademarks”) are trademarks owned by the Company. You may not use the Wilsonprep Trademarks in connection with any product or service that does not belong to the Company, or in any manner that is likely to cause confusion among users about whether the Company is the source, sponsor, or endorser of the product or service, or in any manner that disparages or discredits the Company or any other person or entity.
Certain links are provided that may lead to web sites not directly associated with the Company and over which the Company has no control. The Company takes no responsibility for the accuracy, content, or any aspect of that material, and disclaims any liability to you for such material or for any consequence of your decision to use the links provided. Links do not imply that the Company or any of its affiliates sponsors, endorses, is affiliated or associated with, or is legally authorized to use any copyrighted content accessible through the links.
Disclaimer and Limitation of Liability
The Site and the Services may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer, software, or failure of email on account of technical problems or traffic congestion on the Internet or at the Site. THE SERVICES, SITE AND THE INFORMATION, CONTENTS, GRAPHICS, DOCUMENTS AND OTHER ELEMENTS INCLUDED ON THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SITE CONTENTS, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
EXCEPT AS MAY BE EXPRESSLY STATED IN THESE TERMS AND CONDITIONS, NEITHER THE COMPANY NOR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR OTHER AUTHORIZED REPRESENTATIVES SHALL BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES OR PERFORMANCE OF THE SITE, OR THE INFORMATION OR CONTENTS AVAILABLE FROM THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICES, BUT IN NO CASE WILL THE COMPANY’S LIABILITY TO YOU EXCEED $1000. IF NO FEES ARE PAID TO THE COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
Term of Agreement
This Agreement remains in effect until terminated by you or the Company. You may terminate this Agreement upon the Company’s receipt of your notice via email and by the Company subsequently disabling your password and ID. The Company may terminate this Agreement, in whole or with respect to the Services, with or without cause, at any time immediately upon our disabling your password and ID. The Company may notify you of termination of the Agreement via email or other written notice to the address you provide to it in the registration process. After the termination of this Agreement, you are not authorized to access or use the Site or the Services, and you shall cease all such access and use. If you nonetheless access or use the Site or Services in spite of termination of the Agreement, your use of, or access to, the Site and the Services will be subject to the version of the Terms and Conditions then in effect as to all current users.
The Company’s guarantees to fully paid and registered users who accept and comply with all of these Terms and Conditions a two hundred (200) point increase in the composite SAT score if and only if (a) 3 months of dailyprep quizzes are completed (totaling a minimum of 60 quizzes), (b) an SAT score report is provided dated prior to the registration and commencement of the WilsonDailyPrep program, and (c) an SAT score report is provided dated after the completion of 60 quizzes or more. Should all requirements be met, the Company will fulfill the guarantee: Should a 200 point composite score not be achieved, the Company will provide at no charge an additional three months subscription and full access to the Services. The Company does not offer a money-back guarantee, nor does it offer any exceptions to the guarantee requirements or fulfillment.
By visiting or using the Site and/or the Services, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and the Company.
YOU AND COMPANY AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS AND CONDITIONS, THE SITE AND/OR THE SERVICES SHALL BE FINAL AND BINDING ARBITRATION, except that, to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate the Company’s patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above, then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought by the Company. With respect to such relief, you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the State and Federal Courts of New York.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the “AAA”) in White Plains, New York, under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA’s Supplementary Procedures for Consumer Related Disputes (the “AAA Consumer Rules”) (collectively the “AAA Rules”). The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, no arbitration or claim under these terms and conditions shall be joined to any other arbitration or claim, including any arbitration or claim involving any other current or former user of the Services, and no class arbitration proceedings shall be permitted. In no event shall any claim, action or proceeding by you related in any way to the Site and/or the Services (including your visit to or use of the Site and/or the Services) be instituted more than one (1) year after the cause of action arose.
The Company may at times provide diagnostic SAT and ACT scores and/or SAT and ACT Essay scores. These scores do not represent or guarantee future SAT and ACT scores, and are meant only to further practice and enhance test-day performance.
These Terms and Conditions constitute the entire agreement between you and the Company regarding the use of the Site and/or the Services, superseding any prior agreements between you and the Company relating to your use of the Site or the Services. The failure of the Company to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.